Question 1

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?

Accepted Answer

A)  only the manufacturers of the products 
B)  only the parties directly involved in the sale of the product to the customer 
C)  all parties providing services related to the product 
D)  all parties in the chain of distribution 
A)  only the manufacturers of the products 
B)  only the parties directly involved in the sale of the product to the customer 
C)  all parties providing services related to the product 
D)  all parties in the chain of distribution

Question 2

Intentional misrepresentation occurs when a seller or lessor ________.

Accepted Answer

A)  fails to warn customers about the dangerous propensities of a product 
B)  shows negligence in product design 
C)  fails to assemble a product carefully 
D)  conceals a defect in a product 
A)  fails to warn customers about the dangerous propensities of a product 
B)  shows negligence in product design 
C)  fails to assemble a product carefully 
D)  conceals a defect in a product

Question 3

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

Accepted Answer

A) True 
 B)False

Question 4

A defendant who has not been negligent but is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover his losses.

Accepted Answer

A) True 
 B)False

Question 5

Describe the functions of the statute of limitations and the statute of repose.

Accepted Answer

Most states have statutes of limitations

Question 6

A toy manufacturer sells G.I. Joe figurines containing detachable limbs and weapons that could be swallowed by small children. It can be subject to a strict liability action owing to a defect in design.

Accepted Answer

A) True 
 B)False

Question 7

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown.

Accepted Answer

A)  Failure to warn 
B)  Defect in manufacture 
C)  Failure to provide adequate instructions 
D)  Defect in packaging 
A)  Failure to warn 
B)  Defect in manufacture 
C)  Failure to provide adequate instructions 
D)  Defect in packaging

Question 8

Which of the following statements is true about strict liability?

Accepted Answer

A)  It applies only to manufacturers of a defective product. 
B)  It is liability without fault. 
C)  It requires privity of contract between the plaintiff and the defendant. 
D)  It covers casual sales and transactions. 
A)  It applies only to manufacturers of a defective product. 
B)  It is liability without fault. 
C)  It requires privity of contract between the plaintiff and the defendant. 
D)  It covers casual sales and transactions.

Question 9

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.

Accepted Answer

A) True 
 B)False

Question 10

Under a theory of strict liability, who in the chain of distribution may be held strictly liable for injuries caused by a defective product? What public policy considerations are behind the inclusion of all of these parties in the list of possible defendants?

Accepted Answer

All parties in the chain of distribution

Question 11

________ refers to a statute that limits the seller's liability to a certain number of years from the date when the product was first sold.

Accepted Answer

A)  Statute of limitations 
B)  Statute of frauds 
C)  Statute of general application 
D)  Statute of repose 
A)  Statute of limitations 
B)  Statute of frauds 
C)  Statute of general application 
D)  Statute of repose

Question 12

Clive buys a rifle from Gun Manufacturing Company and goes hunting. During the hunting expedition, he accidentally shoots himself in the foot. Which of the following would be true of this case?

Accepted Answer

A)  Clive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms. 
B)  Clive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of the rifle. 
C)  Clive cannot take any action because the handling of firearms entails generally known dangers. 
D)  Clive cannot take any action against the company because he had abnormally misused the product. 
A)  Clive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms. 
B)  Clive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of the rifle. 
C)  Clive cannot take any action because the handling of firearms entails generally known dangers. 
D)  Clive cannot take any action against the company because he had abnormally misused the product.

Question 13

Under the doctrine of comparative negligence, if the defendant is 50 percent responsible for injuries worth $10,000 suffered by the plaintiff, then the defendant must pay $5,000 in damages.

Accepted Answer

A) True 
 B)False

Question 14

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Accepted Answer

A)  Absolute liability 
B)  Contingent liability 
C)  Superior responsibility 
D)  Strict liability 
A)  Absolute liability 
B)  Contingent liability 
C)  Superior responsibility 
D)  Strict liability

Question 15

________ is a doctrine that says automobile manufacturers are under a duty to design automobiles by taking into account the possibility of harm from a person's body striking something inside the automobile in the case of a car crash.

Accepted Answer

A)  Crash avoidance 
B)  Crashworthiness 
C)  Risk compensation 
D)  Conspicuity 
A)  Crash avoidance 
B)  Crashworthiness 
C)  Risk compensation 
D)  Conspicuity

Question 16

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Accepted Answer

A) True 
 B)False

Question 17

Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck. When he tries to drive the truck, the oversized tires cause the truck to roll over and crash. Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries. Which of the following is the best defense for truck manufacturer in this lawsuit?

Accepted Answer

A)  government contractor defense 
B)  assumption of the risk 
C)  generally known danger 
D)  supervening event 
A)  government contractor defense 
B)  assumption of the risk 
C)  generally known danger 
D)  supervening event

Question 18

Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.

Accepted Answer

A) True 
 B)False

Question 19

Clayton Inc. is a toy manufacturer that has released a new line of action figures. The toys are meant for children between the ages of one and two. However, they come with tiny detachable weapons that can be accidentally swallowed by children of that age. Which of the following defects do the action figures have that will make them strictly liable for any injuries caused?

Accepted Answer

A)  defect in design 
B)  failure to provide adequate instructions 
C)  failure to avoid supervening event 
D)  defect in packaging 
A)  defect in design 
B)  failure to provide adequate instructions 
C)  failure to avoid supervening event 
D)  defect in packaging

Question 20

Ruggers Corp. is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?

Accepted Answer

A)  Tim can recover $25,000 worth of damages from Ruggers and the rest from the dealership from which he purchased the motorcycle. 
B)  Tim can recover $50,000 worth of damages from the motorcycle manufacturer. 
C)  Tim can recover $50,000 worth of damages, plus any punitive damages that may be awarded by the jury. 
D)  Tim cannot recover any damages from the motorcycle manufacturer. 
A)  Tim can recover $25,000 worth of damages from Ruggers and the rest from the dealership from which he purchased the motorcycle. 
B)  Tim can recover $50,000 worth of damages from the motorcycle manufacturer. 
C)  Tim can recover $50,000 worth of damages, plus any punitive damages that may be awarded by the jury. 
D)  Tim cannot recover any damages from the motorcycle manufacturer.

Exam 6: Product and Strict Liability

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?

Intentional misrepresentation occurs when a seller or lessor ________.

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

A defendant who has not been negligent but is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover his losses.

Describe the functions of the statute of limitations and the statute of repose.

A toy manufacturer sells G.I. Joe figurines containing detachable limbs and weapons that could be swallowed by small children. It can be subject to a strict liability action owing to a defect in design.

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown.

Which of the following statements is true about strict liability?

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.

Under a theory of strict liability, who in the chain of distribution may be held strictly liable for injuries caused by a defective product? What public policy considerations are behind the inclusion of all of these parties in the list of possible defendants?

________ refers to a statute that limits the seller's liability to a certain number of years from the date when the product was first sold.

Clive buys a rifle from Gun Manufacturing Company and goes hunting. During the hunting expedition, he accidentally shoots himself in the foot. Which of the following would be true of this case?

Under the doctrine of comparative negligence, if the defendant is 50 percent responsible for injuries worth $10,000 suffered by the plaintiff, then the defendant must pay $5,000 in damages.

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

________ is a doctrine that says automobile manufacturers are under a duty to design automobiles by taking into account the possibility of harm from a person's body striking something inside the automobile in the case of a car crash.

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.

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